By NNN-Xinhua,
New Delhi, India : India’s highest judiciary, the Supreme Court, has declined to frame guidelines for media reporting of court trials but said that a temporary ban on media coverage could be imposed by a higher court only in cases where the accused may not get a fair trial, local media reported.
“They (orders of postponement) should be passed only when necessary to prevent real and substantial risk to the fairness of the trial (court proceedings), if reasonable alternative measures such as change of venue or postponement of trial will not prevent the said risk and when the salutary effects of such orders outweigh the deleterious effects to free expression,” the newspaper The Times of India quoted a five-judge bench, comprising the Chief Justice of India, S.H. Kapadia, as saying.
However, the apex court has said that the postponement of publication of trial court proceedings could be ordered by the Supreme Court or any high courts only for a short duration “on the basis of twin tests of necessity and proportionality.”
“Orders of postponement should be ordered for a limited duration and without disturbing the content of the publication. The order of postponement will only be appropriate in cases where the balancing test otherwise favours non-publication for a limited period,” said Justice Kapadia.